Goss v BM Samuels Finance Group Plc [2015] EWCA Civ 809 (10 June 2015)

Goss v BM Samuels Finance Group Plc [2015] EWCA Civ 809 (10 June 2015)

The grounds of appeal do not raise any important point of principle or practice and do not satisfy the criteria for a second appeal. The further evidence sought to be admitted is speculative and incapable of supporting the applicant's defence. Permission to appeal is refused.

Source-derived case information.

Citation
[2015] EWCA Civ 809
Parties
Applicant: Goss; Respondent: BM Samuels Finance Group PLC
Jurisdiction
England and Wales
Judgment Date
10 June 2015
Procedural Posture
Civil Appeal / Renewed Application for Permission to Appeal (second Appeal)
Outcome
Permission to appeal refused
Legal Topics
Summary Judgment, Permission to Appeal, Second Appeals Criteria, Admission of Further Evidence
Civil Procedure Summary Judgment Permission to Appeal Second Appeals Criteria Admission of Further Evidence

Source-derived case record

Summary, issues, holding and outcome

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Parties

Goss

Applicant

BM Samuels Finance Group PLC

Respondent

Procedural Posture

Civil Appeal / Renewed Application for Permission to Appeal (second Appeal)

Legal Issues

  1. 1 Whether the judge erred in evaluating the evidence and concluding no breach of obligations
  2. 2 Whether the Master and judge failed to give sufficient weight to relevant points in summary judgment applications
  3. 3 Whether summary judgment should have been refused due to suspicious circumstances requiring further scrutiny

Ratio Decidendi

The grounds of appeal do not raise any important point of principle or practice and do not satisfy the criteria for a second appeal. The further evidence sought to be admitted is speculative and incapable of supporting the applicant's defence. Permission to appeal is refused.

Court Disposition

Permission to appeal refused